COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Counsels for the parties and the learned Standing Counsel.

(2.) The controversy involved in the two writ petitions is common, and as such both the writ petitions are being decided by a common judgment. Writ Petition No. 51403 of 2003 filed by Committee of Management, Attarra Post Graduate College, Attarra, Banda and Writ Petition No. 56613 of 2003 filed by Dr. Ram Asarey Chaurasiya deal with the question of placement of Dr. Ram Asare Chaurasiya in the concerned institution.

(3.) On account of retirement of the permanent Principal, the post of Principal in the aforesaid College had fallen vacant. The U.P. Higher Education Services Commission selected Dr. Nand Lal Shukla for appointment as Principal in the aforesaid College, while the present petitioner. Dr. Ram Asarey Chaurasiya was placed as Principal at Post Graduate College, Lalitpur. The writ petitioner of Writ Petition No. 56613 of 2003 filed a Writ Petition No. 47029 of 2002 challenging his placement order. The writ petition was finally disposed off by a Division Bench of this Court vide judgment dated 13.2.2003 directing that Ram Asarey Chaurasiva be given placement at the second choice at Agrasen Post Graduate College, Muranipur, Jhansi. However, since Dr. Nand Lal Shukla had already joined at another institution. Dr. Ram Asarey Chaurasiya challenged the order dated 13.2.2003 before the Supreme Court and it has been directed by the Supreme Court that any action taken will be subject to the out come of the appeal vide order dated 26.3.2003.